Can
you be certain who is handling your confidential material?
Scenario: You are handed over discovery
that is on a CD/DVD of a video interview. The parties are high profile and it could end up being the “trial of the century”
if the case goes as far as the courtroom. Your own office does not have the capability to transcribe the video – creating
a transcript of spoken words on paper.
After performing an Internet search, you locate someone that can
transcribe the video. Their web site looks professional, and it appears that the person is knowledgeable and capable. You
discuss confidentiality issues, time schedules, rates, make a backup copy of the CD/DVD, and ship the backup copy. Unbeknownst
to you, the CD/DVD gets subcontracted to a freelancer in a completely different state - to someone
you've had no contact with. Farming or subcontracting work off is not an uncommon practice. There are many companies where
subcontracting is all they do – they end up acting somewhat like a temporary agency or a middle person. The subcontractors
are not personally known – only through emails and phone conversations. The subcontractors work at a fraction of
the agreed-upon fee between you and the original person/company you entrusted your video with.
The
security and confidentiality of your video ends up “at risk.”
Individuals/companies
who routinely subcontract work out pooh-pooh individuals operating a business solo – claiming unprofessionalism, or
not really operating a business. It is a scary thing – you being forced to entrust discovery to a perfect stranger;
however, it is scarier to find that this “unknown” person you are putting your trust in, hands your discovery
off to someone else – without your knowledge or approval.
Make sure
you know who you are entrusting with your confidential material!